lawyer

What is Constitutional Law?

Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, including the United States, constitutional law is based on the text of a document ratified at the time the nation came into being.

The U.S. Constitution itself became the law of the land well over 200 years ago, and the tenets set forth in the document remain in full force today. The way in which the Constitution is applied, though, has always been subject to court interpretation. As circumstances and public opinion evolve through the years, so too do the interpretations offered by the courts. From time to time, it even becomes necessary to amend the Constitution to keep pace with changes in the country?s beliefs and values. For example, the practice of slavery ? expressly allowed by the Constitution in its original form ? was prohibited through a constitutional amendment passed in the year 1865.

Bringing a Claim in Federal Court

As a practical matter, constitutional law provides a means for individuals and organizations to protect their interests by filing a lawsuit against those who infringe upon their rights. However, the Constitution does not permit just anyone to go into federal court and assert a claim for compensation or other relief. Certain requirements must be met. If these conditions are satisfied, the plaintiff is said to have ?standing,? meaning the court will agree to hear the plaintiff?s case and render a decision.

In order for a plaintiff to have standing there must be a live controversy for the federal court to consider. The issue of standing is not as simple as it may appear. For instance, a landowner who learns that transportation officials are considering the construction of a highway across his or her property might file a lawsuit claiming that the proposal is an unconstitutional taking of private property by the government. In this situation, the court is likely to dismiss the claim for lack of standing. Because the transportation officials are merely considering building the highway, the claim is not yet ripe for adjudication. The federal court will not render an advisory opinion about something that may or may not occur in the future.

Violations of Equal Protection and Due Process

Once a plaintiff demonstrates standing to bring a claim, any number of constitutional provisions can form the basis of the lawsuit. Two of the most common grounds are alleged violations of equal protection and due process. The equal protection clause of the Constitution prohibits the government from treating classes of people differently in the absence of a compelling reason for doing so. If the government wants to pass a law that draws a distinction between people based on race, gender, or other such characteristics, it must be able to demonstrate a highly important purpose, and the law must be narrowly tailored to achieve that purpose. This is a difficult burden for the government to meet.

Similarly, the due process clause of the Constitution requires the government to have an adequate reason for taking away a person?s life, liberty, or property. And even if a sufficiently adequate reason exists, the government must establish a fair procedure of which individuals can avail themselves. Consider the example of city officials who seek to take away the liquor license belonging to a local restaurant. To justify its actions, the government points to three instances in the past six months when the restaurant served alcohol to underage customers. Assuming this is a sufficient reason to take away the license, the government must still provide the restaurant owner with a hearing, right to appeal, or similar procedures for contesting the action.

Individual Rights under the Constitution

Having recently won their independence from the British, the framers of the Constitution were understandably weary of governmental intrusion into the lives of American citizens. The first ten amendments to the Constitution, known as the Bill of Rights, reflect this concern. In fact, the First Amendment alone contains numerous protections, including the freedom of the press and the freedom of association. It also protects the right to free speech, allowing individuals to openly voice their opinions, even when those opinions are critical of the government or unpopular among the majority of Americans. Individual rights, like other constitutional guarantees, are protected by the rule of law and those who are aggrieved can turn to the courts for redress.

Hiring a Constitutional Law Attorney

Some of the most important court cases in U.S. history came about as a result of individual citizens standing up for their constitutional rights. If you believe the government or a private party has infringed on your rights, contact an attorney today to learn about your legal options.

Copyright HG.org

A number of legal challenges have been raised across the United States challenging ?nutriloaf? and other poor prison meals as a form of cruel and unusual punishment, and a violation of the inmates' Eight Amendment Rights.

While the Constitution does not specifically mention a right to privacy, the U.S. Supreme Court has noted in several decisions that it believes this right exists in the ?penumbra? of several other, specifically enumerated rights, such as the Third, Fourth, Fifth, and Fourteenth Amendments, and as such the citizens are entitled to it under the catch-all provision of the Ninth Amendment.

When an officer asks you to empty your pockets, allow a search of your car, or for some other consent to search, how do you say ?no? without bringing on more suspicion and a possible arrest?

Body paint as clothing falls into a gray area. Most states' and municipalities' anti-nudity laws are silent on body paint, which leaves law enforcement in the difficult position of making judgment calls.

How does the law deal with the debate between free expression, art, and the crime of defacing others' properties?

Considered by many to be the most important rights established by the United States Constitution, the First Amendment rights cover some of the most fundamental freedoms Americans enjoy. They include free speech, press, religion, petition, and assembly.

Since the creation of the U.S. Constitution, however, the United States has had laws regarding declaring war. Certain military actions can be taken without formal declarations of war, others cannot. So what are the laws regarding declaring war?

While many believe that if they are not ?read their rights? they will escape punishment for criminal acts, it is not quite so clear cut.

What is Sharia law, and is it really something that Americans should be concerned about? Is anti-Sharia law actually more dangerous to American freedoms than the moral code it seeks to prohibit?

What is Sharia law, and is it really something that Americans should be concerned about? Is anti-Sharia law actually more dangerous to American freedoms than the moral code it seeks to prohibit?

Perhaps not surprisingly, the overwhelming majority of the 4,400 colleges and universities in the United States do not allow students or faculty to carry guns on campus.